lds337
TUG Member
- Joined
- Sep 29, 2012
- Messages
- 117
- Reaction score
- 91
- Location
- Illinois
- Resorts Owned
- HGVC Kings Land, HGVC Ocean 22, HGVC Sunrise Lodge, The Crane HGVC Sheraton Desert Oasis, Westin Kierland, and Wyndham Glacier Canyon
I send off a small claims filing to the Orlando Clerk Of Courts today for suit against my renter. I'll let you all know how it goes.
You can sue the renter, but your case will be thrown out of court since Redweek released the renter from the contract. You don't have to look any farther then Clause 1 that you empowered Redweek and they are the sole arbiter. The other clauses that everyone is referencing clause 2 & 12 are reasons why Redweek shouldn't have released the renter from the contract. Those points are moot once Redweek actually releases the renter.
I'm not a lawyer but if you hire someone to act on your behalf the you can't go after the renter when Redweek does arbitrate.
Your case should be against Redweek for Breach of Contract not the renter. IMHO
1. This Rental Agreement ("Agreement") is between the Owner and the Renter for the rental of the unit for the term described above. The Owner has contracted with RedWeek Real Estate, LLC (“RedWeek”), which serves as the processor of the transaction for the two parties and the sole arbiter. While RedWeek has verified key details and provides assistance with the transaction, the Owner is ultimately responsible for the accuracy of the posting, changing the name of the party checking-in, and ensuring the resort provides the correct unit type at check-in.